BILL NUMBER: SB 1200	CHAPTERED  09/21/99

	CHAPTER   460
	FILED WITH SECRETARY OF STATE   SEPTEMBER 21, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 21, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	PASSED THE SENATE   JUNE 2, 1999
	AMENDED IN SENATE   MAY 27, 1999
	AMENDED IN SENATE   MAY 18, 1999
	AMENDED IN SENATE   MAY 10, 1999
	AMENDED IN SENATE   APRIL 27, 1999
	AMENDED IN SENATE   APRIL 20, 1999
	AMENDED IN SENATE   APRIL 14, 1999

INTRODUCED BY   Senator Poochigian

                        FEBRUARY 26, 1999

   An act to amend Section 65091 of the Government Code, relating to
accessibility standards.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1200, Poochigian.  Disabled access to public accommodations.
   (1) The Planning and Zoning Law provides that when a provision
under that law requires notice of a public hearing, the notice shall
be given in a specified manner and may be given in any other manner
that the local agency deems necessary or desirable.
   This bill, in addition, would provide that whenever a hearing is
held regarding a permit for a drive-through facility or the
modification of an existing drive-through facility permit, the local
agency shall incorporate, where necessary, notice procedures to the
blind, aged, and disabled communities in order to facilitate their
participation in any hearing on, or appeal of the denial of, a
drive-through facility permit.  By increasing the duties of local
agencies, the bill would impose a state-mandated local program.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 65091 of the Government Code is amended to
read:
   65091.  (a) When a provision of this title requires notice of a
public hearing to be given pursuant to this section, notice shall be
given in all of the following ways:
   (1) Notice of the hearing shall be mailed or delivered at least 10
days prior to the hearing to the owner of the subject real property
or the owner's duly authorized agent, and to the project applicant.
   (2) Notice of the hearing shall be mailed or delivered at least 10
days prior to the hearing to each local agency expected to provide
water, sewage, streets, roads, schools, or other essential facilities
or services to the project, whose ability to provide those
facilities and services may be significantly affected.
   (3) Notice of the hearing shall be mailed or delivered at least 10
days prior to the hearing to all owners of real property as shown on
the latest equalized assessment roll within 300 feet of the real
property that is the subject of the hearing.  In lieu of utilizing
the assessment roll, the local agency may utilize records of the
county assessor or tax collector which contain more recent
information than the assessment roll.  If the number of owners to
whom notice would be mailed or delivered pursuant to this paragraph
or paragraph (1) is greater than 1,000, a local agency, in lieu of
mailed or delivered notice, may provide notice by placing a display
advertisement of at least one-eighth page in at least one newspaper
of general circulation within the local agency in which the
proceeding is conducted at least 10 days prior to the hearing.
   (4) If the notice is mailed or delivered pursuant to paragraph
(3), the notice shall also either be:
   (A) Published pursuant to Section 6061 in at least one newspaper
of general circulation within the local agency which is conducting
the proceeding at least 10 days prior to the hearing.
   (B) Posted at least 10 days prior to the hearing in at least three
public places within the boundaries of the local agency, including
one public place in the area directly affected by the proceeding.
   (b) The notice shall include the information specified in Section
65094.
   (c) In addition to the notice required by this section, a local
agency may give notice of the hearing in any other manner it deems
necessary or desirable.
   (d) Whenever a hearing is held regarding a permit for a
drive-through facility, or modification of an existing drive-through
facility permit, the local agency shall incorporate, where necessary,
notice procedures to the blind, aged, and disabled communities in
order to facilitate their participation in any hearing on, or appeal
of the denial of, a drive-through facility permit.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
